Available online from National Public Radio: Today’s broadcast of “All Things Considered” contained segments entitled “Supreme Court Addresses Capital Cases” (featuring Nina Totenberg) and “Filibuster Showdown Looms.”

And today’s broadcast of “Talk of the Nation” contained a segment entitled “After Shutting Down the Senate, What’s Next?”

RealPlayer is required to launch these audio semgents.

“Supreme Court Says Beef Producers Can Be Forced to Fork Over for Ads”: law.com’s Tony Mauro provides this report.

At “SCOTUSblog,” Lyle Denniston has posts titled “Analysis: state power to enforce abortion laws” and “Analysis: Major test of presidential power.”

And Rick Hasen, at his “Election Law” blog, has a post titled “Initial Reaction to Clingman: Potential Aid to Minor Parties.”

“UK court bans buying porn videos online”: Reuters reports here that “Britain’s pornographers are breaking the law if they sell adult videos over the Internet or through the mail, the High Court ruled on Monday.”

“High Court Re-enters Abortion Debate With Emotional Case”: Linda Greenhouse of The New York Times provides this news update.

“Senate Set for Showdown on Filibuster Rule”: This segment (RealPlayer required) appeared on today’s broadcast of NPR‘s “Day to Day.”

“Frist schedules Senate ‘all-nighter’ on judges; At stake: Bush’s ability to steer the courts in conservative direction.” Tom Curry, national affairs writer for MSNBC, provides this report, along with an article headlined “How veto, filibuster allow
the minority to prevail; Gay rights veto, filibusters and judicial rulings illustrate the power of the outnumbered.”

And Thomas Ferraro of Reuters reports that “Senate readies for filibuster showdown.”

Ninth Circuit holds that the federal government was “substantially justified” in defending the Child Pornography Prevention Act against constitutional attack: As a result, the appellate court today overturned a federal district court’s award of attorneys’ fees to the Free Speech Coalition under the Equal Access to Justice Act for having prevailed in its challenge to the constitutionality of that federal law. You can access the Ninth Circuit‘s ruling at this link.

Although the plaintiffs as a result of today’s ruling cannot recover real attorneys’ fees, they remain able to pursue virtual attorneys’ fees.

Available online from The Associated Press: An article reports that “Rehnquist Visits Capitol Medical Dept.”

Hope Yen reports that “Court Rules for Hawaii in Rent Caps Case.”

And in other news, “Marathon Debate Over Judges Set in Senate” and “Guide to Possible Filibuster Showdown.”

Sharply divided en banc U.S. Court of Appeals for the Ninth Circuit rejects challenge to model grand jury instructions insofar as those instructions preclude grand jury nullification of criminal laws: You can access today’s 6-5 ruling at this link.

I previously reported on the divided three-judge panel’s ruling in the case in a post you can access here.

“Blogging, Spam, and the Taxation of Internet Transactions”: That’s the wide-ranging subject for discussion this week at “The Becker-Posner Blog.” You can access Seventh Circuit Judge Richard A. Posner‘s post on the matter here, and Professor Gary S. Becker offers this response.

“Medellin: So Who Won?” Law Professor Julian Ku has this post at the “Opinio Juris” blog.

“Senate agenda vulnerable as judges battle rages”: Reuters provides this report.

“Who Could Win Every Senator’s Vote?” This week’s “Debate Club” feature online at legalaffairs.org focuses on the concept of finding a U.S. Supreme Court nominee whom the U.S. Senate would confirm by a vote of 100-0. The participants in this week’s discussion are Law Professor Carl W. Tobias and Arkadi Gerney, the director of StartChange, an advocacy group that is launching draftblank.org.

The U.S. Senate is now back in session debating the nomination of Priscilla R. Owen to serve on the U.S. Court of Appeals for the Fifth Circuit: You can view the proceedings live online via C-SPAN2 by clicking here.

Senate Majority Leader Bill Frist, M.D. (R-TN) just stated that the cloture vote on Owen’s nomination will occur mid-morning tomorrow. In the absence of cloture, Senator Frist could then proceed to invoke the so-called “nuclear option” preventing the use of filibusters to block up-or-down votes on judicial nominees.

“Senate moderates forming power center; Deal on nominees could spur change”: Rick Klein has this article today in The Boston Globe.

Today at National Review Online, Law Professor Jonathan H. Adler has an essay entitled “Not Activist Enough: The Left’s real problem with Priscilla Owen.”

And online at The American Prospect, Law Professor Bruce Ackerman has an essay entitled “Cheney’s Betrayal — Forgotten in the filibuster debate: the vice president’s unconstitutional decision not to follow Senate rules.”

In news from Massachusetts: The Boston Globe today reports that “SJC chief decries ‘attacks’ on judges; Marshall defends bench independence.”

The Daily News Tribune of Waltham reports that “Judge fires back at critics in Brandeis speech.”

And The Associated Press reports that “Mass. Justice Defends Gay Marriage Ruling.”

Today’s U.S. Supreme Court opinions and Order List: The Court today disposed of five argued cases.

1. In Medellín v. Dretke, No. 04-5928, the Court dismissed the writ of certiorari as improvidently granted. You can access the per curiam opinion here and the oral argument transcript here.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Deck v. Missouri, No. 04-5293, a case involving whether a it violated the rights of a criminal defendant to appear in shackles before a jury that was deciding whether to impose the sentence of death on the defendant. You can access the opinion here and the oral argument transcript here.

3. Justice Clarence Thomas delivered the opinion of the Court in Clingman v. Beaver, No. 04-37, a case presenting the question whether Oklahoma’s semiclosed primary system violates the right to freedom of association. You can access the opinion here and the oral argument transcript here.

4. Justice Antonin Scalia delivered the opinion of the Court in Johanns v. Livestock Marketing Assn., No. 03-1164, known in these parts as the beef check-off case. You can access the opinion here and the oral argument transcript here.

5. And Justice Sandra Day O’Connor delivered the opinion for a unanimous Court reversing the Ninth Circuit in Lingle v. Chevron U.S.A. Inc., No. 04-163, a case involving the Fifth Amendment’s takings clause. You can access the opinion here and the oral argument transcript here.

Today’s Order List can be accessed at this link. The Court today granted review in only one case, but it is a noteworthy one, as the news reports linked below demonstrate.

At “SCOTUSblog,” Lyle Denniston reports that “Court to hear abortion case, decides 5 cases.”

Hope Yen of The Associated Press reports that “Court Taking Up Abortion Notification“; “Court Dismisses Death Row Rights Appeal“; and “Beef Makers Can Be Forced to Pay for Ads.” And The AP’s Gina Holland reports that “Court Rules Against Shackling Defendants.”

James Vicini of Reuters, meanwhile, reports that “Justices dismiss case of Mexican on death row.” Reuters also reports that “Top court allows beef promotion program” and “State can limit party primary election, court rules.”

On the agenda: The Supreme Court of the United States is scheduled to issue an Order List and one or more opinions in argued cases at 10 a.m. today.

And at 11:30 a.m. today, the U.S. Senate will resume debate over the nomination of Priscilla R. Owen to serve on the U.S. Court of Appeals for the Fifth Circuit.

“High court to consider gays’ rights as parents; State Justices to hear custody, support cases”: Howard Mintz has this article today in The San Jose Mercury News. The Supreme Court of California plans to provide live audio access over the internet to tomorrow’s oral arguments.

“Report of burglary may cost lawyer $300,000; He called it a break-in; She co-owned the house; They’re in a federal case”: L. Stuart Ditzen has this article today in The Philadelphia Inquirer.

“Election trial that opens today echoes beyond state”: The Seattle Times contains this article today.

And The Olympian of Olympia, Washington reports today that “Governor says she prefers not to focus on case.”

“Surgeon senator faces a delicate operation; Frist’s key role in the filibuster fight could make him presidential material”: This article appears today in The Sacramento Bee.

And The Seattle Post-Intelligencer today contains articles headlined “State bills put at risk by Senate standoff” and “A single senator can slow proceedings to a crawl.”

On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained segments entitled “Political Wrap: Judicial Nominees, Stem Cell Research” and “Republicans Challenge Washington Governor in Court.”

“Revitalization Projects Hinge On Eminent-Domain Lawsuit”: This article appeared Saturday in The Washington Post.

And Newsday today contains an article headlined “Backyard battle over land rights; Church group fights North Hempstead’s bid to take site for public center.”

“Tribe to reopen smoke shop; state questions legality; ‘What are they afraid of?’ the Narragansetts’ chief sachem asks” Saturday’s issue of The Providence (R.I.) Journal contained this article.

“Bush Nominees Could Tip Court Balances; Battle Centers on Judicial Picks Whom Democrats See Advancing A Conservative Trend”: This article (free access provided) appears today in The Wall Street Journal.

The Los Angeles Times reports today that “Clock Ticks on Effort to Defuse Senate Battle; GOP leaders say they don’t plan to stall Tuesday’s judicial vote; The move may lead to the ‘nuclear option’ if a deal isn’t reached today.”

The Washington Times contains articles headlined “Sen. Allen predicts showdown will end in ‘nuclear option’” and “Democrats flip-flop on filibusters.”

The Fort Worth Star-Telegram contains an article headlined “From small-town start to the center of attention.”

FOXNews.com reports that “‘Activist Judges’ Under Siege.”

The Detroit Free Press reports that “Tug-of-war may derail court pick; Michigan judge could be left behind if Senate makes deal.”

The Associated Press provides reports headlined “Senators Aim to Avert Filibuster Showdown” and “Senators Reading Article by Lobbyist.”

Bloomberg News contains a report headlined “Senators in Middle of Judges’ Debate Try to Overcome Suspicions.”

And The Des Moines Register reports that “ISU Democrats do talking tribute to the filibuster; The student group started taking Thursday and will hit its 100th hour at 4:30 p.m. today.”

In commentary, The Tucson Citizen contains an editorial entitled “McCain tries to solve rift on filibuster.”

The Palm Beach Post contains an editorial entitled “It’s not about filibusters; it’s about total control.”

The Patriot-News of Harrisburg, Pennsylvania contains an editorial entitled “Make a deal; Judicial nominees deserve a vote.”

The Roanoke Times contains an editorial entitled “The Senate’s nuclear countdown: The GOP shouldn’t scrap judicial filibusters just because they don’t serve party purposes today.”

The Berkshire Eagle contains an editorial entitled “Cool the nuclear option.”

In The Washington Times, Donald Lambro has an op-ed entitled “Misleading filibuster myths.”

In The Free Press of Kinston, North Carolina, columnist Mike Parker has an essay entitled “Judicial debate shows major shift in government.”

And yesterday in The Lincoln (Neb.) Journal Star, Don Walton had an op-ed entitled “Norris, Wherry part of filibuster lore.”

“Devolution: Why intelligent design isn’t.” H. Allen Orr has this lengthy article in the May 30, 2005 issue of The New Yorker.

“Top state court to hear lesbian custody cases; Justices to decide parental status of former partners”: Bob Egelko has this article today in The San Francisco Chronicle.

“Trial for Governor’s Seat Set to Start in Washington”: The New York Times on Monday will contain this article.

“Senate Leaders Prepare for Crucial Filibuster Vote”: This front page article will appear Monday in The Washington Post.

The New York Times on Monday will report that “Senate Negotiations Go Down to Wire.”

Monday’s edition of USA Today will report that “Activists on right and left agree: No deals.” The newspaper also offers this “nuclear option”-related graphic.

Monday’s edition of Financial Times contains articles headlined “Senators limber up for battle over the filibuster” and “Prospects of Senate showdown intensify.”

Monday’s edition of The Independent (UK) contains an article headlined “Republicans ‘go nuclear’ with vote to ban the filibuster.”

The Dallas Morning News on Monday will contain an article headlined “Public seeing more of judicial pick Owen, but less of who she is.”

The Fort Worth Star-Telegram today contains an article headlined “Texas jurist at center of filibuster storm.”

And Monday in The Los Angeles Times, Ronald Brownstein’s “Washington Outlook” column will be headlined “Concept of Compromise Is Pushed Off Senate’s Center Stage.”

“Clock ticking for Senate compromise; Showdown due Tuesday on judicial nominee, filibuster’s future”: CNN.com provides this report.

And Ron Hutcheson of Knight Ridder Newspapers reports that “Senate rules change would help Bush’s effort to consolidate power.”

Judicial filibuster related coverage from C-SPAN: C-SPAN offers video online, on-demand, of a ton of recent judicial filibuster-related programming:

• Lisa Maatz, American Assn. of Univ. Women, & Jan LaRue, Concerned Women for America;
• Gail Russell Chaddock, Christian Science Monitor, Congressional Correspondent;
• Atty. Gen. Alberto Gonzales at National Press Club;
• Fmr. Republican Senators on Judicial Nominees;
• Rick Klein, Congressional Correspondent, Boston Globe;
• Senate Judiciary Chairman Arlen Specter (R-PA);
• Sen. Bill Frist (R-TN) on Priscilla Owen Nomination;
• Sen. Harry Reid (D-NV) on Priscilla Owen Nomination;
• Sen. Arlen Specter (R-PA) on Priscilla Owen Nomination;
• Senator Patrick Leahy (D-VT) on Priscilla Owen Nomination;
• Sen. Richard Durbin (D-IL) on Priscilla Owen Nomination;
• Sen. Bill Frist (R-TN) & Others on Judicial Nominees;
• Senior Republican Senators on Judicial Filibusters;
• Freshman Republican Senators on Judicial Nominations;
• Congressional Black Caucus Press Conference on Judicial Nominations;
• Sen. Mark Pryor (D-AR);
• Sen. Russ Feingold (D-WI);
• Sen. Jeff Sessions (R-AL);
• Mark Gitenstein (D), Fmr. Chief Counsel of Senate Judiciary Cmte.;
• John Cochran, Sr. Writer, CQ Weekly; and
• Senate Democrats on Senate Rules & Judicial Nominations

RealPlayer is required to launch these video segments.

“War on the Floor: The Freshmen vs. the Varsity; Senators spar over tradition, and with one another, in a largely generational row over the filibuster.” This article will appear in the May 30, 2005 issue of Time magazine, along with an article headlined “It’s Lonely in The Middle.”

“In Washington, Twilight of the Lawyer-Gods”: Todd S. Purdham has this essay today in the Week in Review section of The New York Times.

Also in Monday’s edition of The Christian Science Monitor: Tomorrow’s newspaper will contain articles headlined “Drama on the Hill: Americans shrug; As the Senate nears a showdown over filibusters, the answer to which party is winning the PR battle may be ‘neither’“; “A new motion to make jury service more attractive“; and “Watch where you point that camera.”